DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mellway Holdings Pty Ltd T/A Farmer Jacks
(AG2017/927)

FJ WOODLANDS ENTERPRISE AGREEMENT 2017

Retail industry
COMMISSIONER GREGORY	MELBOURNE, 8 JUNE 2017

Application for approval of the FJ Woodlands Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the FJ Woodlands Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FJ Woodlands Enterprise Agreement 2017. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2017. The nominal expiry date of the Agreement is 24 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mellway Holdings Pty Ltd, trading as Farmer Jacks, applied to the Fair Work Commission for approval of the FJ Woodlands Enterprise Agreement 2017. The application involved the agreement reached between the employer and the employees, aiming to be recognised as a new enterprise agreement under the Fair Work Act 2009. The legal issues that the Fair Work Commission had to resolve centred on whether the agreement met the procedural requirements of the Act, including whether the appropriate bargaining representatives had been involved and whether the agreement had been fairly negotiated and finalised. Additionally, the Commission had to determine if the agreement complied with the substantive provisions of the Act, ensuring it did not adversely affect employees’ conditions.

The Commission examined the evidence presented regarding the negotiation process and concluded that the agreement had been fairly negotiated and finalised. The bargaining representatives, who were considered appropriate, had been involved in the process, and the agreement was found to be compliant with the procedural requirements of the Fair Work Act. Furthermore, the substantive provisions of the Act were assessed, and the Commission determined that the agreement did not negatively impact the employees' conditions. It was found to be fair and reasonable, balancing the interests of both the employer and the employees.

Consequently, the Fair Work Commission approved the FJ Woodlands Enterprise Agreement 2017, recognising it as a new enterprise agreement under the Fair Work Act 2009. The Commission found that the agreement met all the necessary procedural and substantive requirements, and was fair and reasonable in all respects. The decision was made in the interest of maintaining a balanced and harmonious relationship between the employer and the employees, and ensuring that the agreement would provide a fair outcome for both parties.

Mellway Holdings Pty Ltd T/A Farmer Jacks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established